Search Legislation

Planning etc. (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Planning etc. (Scotland) Act 2006, Section 20. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

20Duration of planning permission and listed building consent etc.S

This section has no associated Explanatory Notes

(1)In section 58 of the principal Act (general condition limiting duration of planning permission)—

(a)for subsections (1) to (3) substitute—

(1)Subject to subsection (2), a planning permission to which this section applies, whether granted or deemed to be granted, lapses on the expiration of a period of 3 years (beginning with the date on which the permission is granted or as the case may be deemed to be granted) unless the development to which the permission relates is begun before that expiration.

(2)The authority concerned may, in granting any such planning permission (or as the case may be in making a direction under section 57), direct that subsection (1) is not to apply as respects the permission but that the permission is to lapse on the expiration of a period, whether longer or shorter than 3 years, specified in the direction (under this section) unless the development to which the permission relates is begun before that expiration.

(3)For the purposes of [F1sections 43A(8)(b) and] 47(1)(a), (3) and (4)(a)—

(a)any such direction, or

(b)the effect of subsection (1) as that subsection applies in consequence of the authority electing not to make such a direction,

is to be treated as a condition subject to which the application is granted.

(3A)A period specified under subsection (2) is to be a period—

(a)beginning as mentioned in subsection (1), and

(b)which the authority concerned consider appropriate having regard to the provisions of the development plan and to any other material considerations., and

(b)in subsection (4)—

(i)for the words “Nothing in this section applies to” substitute “ This section applies to every planning permission with the exception of ”,

(ii)after paragraph (c) insert—

(ca)any planning permission granted before the date on which section 20 of the Planning etc. (Scotland) Act 2006 came into force,, and

(iii)in paragraph (g), for the words “outline planning permission” substitute “ planning permission in principle ”.

(2)The title of section 58 becomes “Duration of planning permission”.

(3)In section 16 of the listed buildings Act (limit of duration of listed building consent), for subsections (1) and (2) substitute—

(1)A listed building consent lapses—

(a)on the expiration of such period (beginning with the date on which the consent is granted) as the planning authority may, for the purposes of this section, specify in the consent, or

(b)if no period is so specified, on the expiration of a period of 3 years (beginning with that date),

unless the works permitted by the consent are begun before that expiration.

(1A)Subsection (1) does not apply to a listed building consent granted before the date on which section 20 of the Planning etc. (Scotland) Act 2006 came into force.

(2)For the purposes of sections 18(1)(a) and 19(1) and (2)(a)—

(a)any such specification as is mentioned in subsection (1)(a), or

(b)the effect of subsection (1) as that subsection applies in consequence of the authority electing not to make such a specification,

is to be treated as a condition subject to which the application is granted..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 20 in force at 12.12.2008 for specified purposes by S.S.I. 2008/411, art. 2(2)(3)(a)

I2S. 20(1)(2) in force at 3.8.2009 in so far as not already in force by S.S.I. 2009/219, art. 2, Sch.

I3S. 20(3) in force at 1.12.2011 in so far as not already in force by S.S.I. 2011/382, art. 2(1)(2)(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources